Category Archives: Law

The Facts on guns transfers

There’s been a lot of misleading information on the internet lately about purchasing/selling guns in private sales and dealer sales.  Below are the facts on

Here’s are the basics that Federal law presently covers when transferring guns

Privately (giving to a family member or selling to friend or stranger)
The seller has to make an effort to ensure the person is not prohibited from purchasing the firearm under Federal, State, and local laws (we are talking about just Federal here)

  • Purchasing this gun for themselves not for someone else (i.e. straw purchase)
  • Cannot be under indictment for a felony or any crime where the punishment is over a year
  • Cannot be convicted of a felony
  • Cannot be a fugitive from justice
  • Cannot be a user of a controlled substance (marijuana or other controlled substances)
  • Has never been adjudicate as a mental defective or committed to a mental institution
  • Been dishonorably discharged from the military
  • Subject to a domestic violence restraining order
  • Convicted of a misdemeanor domestic violence
  • Renounced their US citizenship
  • In the country illegally
  • The buyer and seller must live in the same state

If any of the above apply to the person that is trying to purchase the firearm then you cannot legally sell the fire.  No one is going to come knocking on your door the following day but it is against the law and you run the probability that someone will.  A simple way on a private sale to do your due diligence is to ask to see their CCW license.  All CCW license holders go through a background check to make sure they can possess a firearm.

There is no requirement for the seller to keep documentation on the person who buys the firearm in a private sale but it’s probably wise to take a picture of their drivers license or CCW permit just for your records.  If nothing else make a note on when you sold the firearm and their name.

Dealer sales (anyone with a FFL license has to do this including dealers at gun shows or dealers selling to their next door neighbors. Most public gun shows require all vendors at their shows to do a background check)

  • Fill out and sign the ATF form 4473 (The form has the same questions as above for the private sale but the dealer calls the FBI)
  • Call FBI for background check
  • The FBI can come back with three potential answers
    • Proceed with the sale
    • Deny the sale
    • Delay the sale for up to 3 business days.  (Most delays are due to incomplete information or excessive workload on the FBI).  If after 3 business days the FBI has not found a reason why you cannot have the gun the sale goes through
  • The dealer is required to keep the 4473 form for 20 years

As you can see selling a gun has a lot of Federal laws around it no matter if it’s a private sale or a dealer sale.

For more information on buying and selling firearms check out our other blog posts

Selling a Gun in the Internet Age

Purchasing Firearms in the Internet Age

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LEOSA and the imperfect national carry in Ohio

First off I’m not former law enforcement and don’t qualify for LEOSA.  What I do know is that the intention of LEOSA and how it’s implement is not perfect and those who qualify for LEOSA need to understand the law before  they depend upon it.

One of the best resources is the NRA-ILA.  They stay on top of changes and advocate for improvements to the law.

This is very short description of a catch-22 for LEOSA holders in Ohio that we would like to educate people on.

Background:
The Law Enforcement Officers Safety Act (LEOSA) is a Federal law, passed in 2004 after the 9/1/2001 terrorist attacks, that allow current qualified retired law enforcement officer to carry a firearm across the United States that is not against that state law.  That’s the intent of the legislation but let’s look at how it’s implemented in Ohio.

Ohio: LEOSA simply allows retired law enforcement to carry in any other state that they would not otherwise be prohibited from carrying in.  That means driving between states can be done a lot easier than with a CCW permit which you have to check out each state that you travel through.  Although in Ohio there are specific exceptions to prohibited areas ares for CCW holders that do not apply to LEOSA holders.  Areas like school parking lots, establishments that serve alcohol, and day cares.  What this means is if you have a LEOSA license but not a CCW permit then you can’t carry in this locations.

The bottom line when it comes to LEOSA it’s a carry permit recognized on the Federal level.  It is NOT a CCW license even if it functions like it in a lot of respects.

We recommend that if you are going to regularly carry in Ohio it would be behoove you to get your Ohio CCW permit or you home state CCW permit.  This allows you to carry in Ohio without getting into a legal tangle because you have a LEOSA permit and not a CCW license.

Note:  Remember to always research state and federal laws when traveling.  If you have specific questions hire qualified legal counsel.

 

 

What to do in Ohio during a Traffic Stop

If you carry often (which you should) you will eventually find yourself being pulled over for one reason or another.  Maybe you’re pushing the speed limit a little bit too much, you didn’t make a complete stop, or your tail light is burned out.  Eventually everyone gets pulled over for something and if you are carrying it’s important you know how to handle the situation.

Continue reading What to do in Ohio during a Traffic Stop

Ohio Law changes 3/21/2017

We are reposting this information in 2018 for our Ohio clients who are not aware of the changes.

What’s happening to Ohio CCW On March 21,  2017?

Concealed carry laws change frequently in a state as well as reciprocity between states.  Below is a summary of the Ohio Changes going into effect on March 21, 2017.  Watch ConcealedCarry.Com for future changes in laws and reciprocity.

Continue reading Ohio Law changes 3/21/2017